Zeenath vs Sirajudheen
2023 Latest Caselaw 11517 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

WEDNESDAY, THE 87" DAY OF NOVEMBER 2023 / 17TH KARTHIKA,
1945
RFA NO. 247 OF 2014
AGAINST JUDGMENT AND DECREE DATED 28.01.2014 IN
©0.8.293/2012 OF SUB COURT, KARUNAGAPPALLY

APPELLANT/PLAINTIFF:

ZEENATH
W/O S SHAFI MUSALIYAR, AGED 51, RESIDING SHAFI
MANZIL, TKM COLLEGE P.O, 691005, KOLLAM DISTRICT
BY ADVS.

SRI.E.D.GEORGE

RESPONDENTS / DEFENDANTS :

1 STRAJUDHEEN
AGED 61 YEARS
S/O KASIM PILLAI, VALEL VADAKKETHIL, SABU MANZIL,
KARUNAGAPPALLY, KEERIKKAD P.O 690508 ALAPPUZHA
DISTRICT

2 LAILA
AGED ABOUT 48 YEARS
W/O HASHIM, RESIDING AT SALMA, VEMBAYAM.P.0.,
695615, THIRUVANANTHAPURAM

3 SAFIYA
AGED ABOUT 46 YEARS
W/O ANZAN LABBA, KAMALIYA MANZIL, KANYAPURAM P.O,
695301, THIRUVANANTHAPURAM

4 SABEENA
AGED ABOUT 45 YEARS
W/O AZAD, AZAD GARDEN, ASOKAPURAM, ALUVA P.O,
683101, ERNAKULAM DISTRICT

3 SALEENA
AGED ABOUT 42 YEARS
W/O FAISAL, ARAFA, GANDHINAGAR HOUSING COLONY,
AMALAGIRI P.O, 686561, KOTTAYAM DISTRICT


RFA NO. 247 OF

2014 -- 2 :-

BY ADVS.

SRI
SMT.
SRI.
SRI
SRI.
SRI
SRI
SRI
K.S.

-5.SAJEEB

INDU SUSAN JACOB
P.BENNY THOMAS

-V.N.SUNIL KUMAR

ZAKHIER HUZZAIN

-M.GOPIKRISHNAN NAMBIAR
-K.JOHN MATHAI
-LIJU.V,STEPHEN

HARTHARAPUTHRAN

FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR

THIS REGULAR FIRST APPEAL HAVING
08.11.2023, THE COURT ON THE SAME DAY

HEARING ON

DELIVERED THE FOLLOWING:

COME UP FOR


Sathish Ninan, J.

Dated this the 8" day of November, 2023
JUDGMENT

The parties have settled their disputes in mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. The decree and judgment impugned in this appeal is set aside and the appeal is disposed of in terms of the settlement. The memorandum of agreement will form part

of this judgment.

Sd/-

Sathish Ninan, Judge

rsp

Ba een yg!

s chvi court in va nous suits, ingiuding O.S. No, 2923/2012

SEFORE THE HONOURABLE HIGH COQURT OF RERALA AT ERNAKULAM R.F.A No. 247 of 2074 |

aeenath >» Agpellant/Piaintit

Siraludheen & Others Respondents/Defendants

MEMORANDRUM OF AGREEMENT UNDER SECTION 898 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE RERALS

ARS

CHviL PROCEDURE (MEDIATION), RULES, 2008: The 1° and the 2° parties herein are the children of late Mr.

Allkunju and Mrs. Asurna Beevi. After the death of Mr. Alikuniu the iS and the 2°° party along with their brother and their mother partitioned the oroperties of late Mr. Allkuniu between them by Partition deed No. 2911/2003 of Karunagappalll SRO.

AS Ber the partition deed No. 2291/2003 inter alla 54.90 Ares of land in Re survey noSS51/3 Adinad village along with a cinema theatre by name 'Tharangam Theatre' devolved upon the 1° and 2° parties. itis while so the 1° and 2°° parties decided to sell the 54.90 ares of land along with the theatre to the 3° party. OWENES thereafter the 2™\ Party refrained from selling ther respective share in the $4.90 ares of land, but whereas

a

tne i" Party a@ione executed sale deed No 8825/2006 of Karunagappally SRO in favour of the 3™ Party with regard to her respective share. However disputes arose between the parties including the genuineness of sale deed No. 825/2006

executed Dy the I" Party in fevour of the 3° Party. in the

"aforesaid facts and circumstances the Parties approached the

S 8 " \ X38 ~ an ad Uf a " 5 ry awe oR os . hot ote orca gles " af fy i ; Filia . ewive gis F< cae poy ne. me SPER SA - * or ws

(2

imstiiuted by the 1® Party against the 3 Party to set aside the

sain dead No, BPAY? NO6 as null and vald. The civil court inter Ha decreed the sults filed by the 2" and 3° Sarties whereas

dismissed the sull O.5 No. 2938/2012 Aled by the 1% party.

{D

a

abe oe

of

% femal ft:

i' Party inter alla challenged the fjudament and

',

decree in OS Na. 293/2012 before the Hon'ble High court of Kerala in ALFA No. S47 /2014 and connected cases. The Hon'ble High court of Kera » by a common judgment dated 28" fune,

2019 dismissed all the RFAs Aled by the 1' Party except RFA No. 247 /2014. The Nan'ble High court set aside the | oe £

ep

and decree in O.5. No. 93/2012 and remitted the said suit de move trial. Challenging the ludarnent and decree of the High Court of Kerala in RFA No. 2477/2014 the 3™ party approached the Non'bie Supreme Court of indie in S.L.P Ne. 22557 /2019. The Hon'ble Supreme Court of india allawed the SLP NO, 22557 /2019 Aled by the 3 Party by Judgment dated 27-02- 2023 in Civ Appeal No. 1491/2023 and set aside the judgment of the High Court of Kerala and remanded the case to the High Court for disposal an the Gasis af the law settied By the Supreme Court in the said ca

aft ae)

ih is curing the oendency of the re-hearing of RFA No. 24/7/2014 before the High Court that tre Rusband of the 1° Party Mr. Shafi Musaliyar had passed away. Hence the Parties Fave resolved to settle all the inter se disputes between fhe oarties oan the follawing terms and

cCOMcihions:

bow

B Say Ao

NO te

Hoe

Cad

nF A :

wy ae RG a ds amay mk det "aE EAS ATS el RAY gk A Wo Sate :

.The 1" Party shall withdraw the civil case RFA Na.

47 feO14 pending before the Non bie High court of kerala,

The 1® Party further agrees that the 1" Party will not claim any riohts or interest whatsoever aver the property conveyed by sale ceed No. 825/2006 of Karunagappally SAO in favour of the 3° party.

. The i* Barty agrees to withdraw all her claims before any authorities in respect of the 54.90 ares of land in Re Survey No. S5 1/8 of Adinad Vilage, so as to enable the 2° Party and 3" party to withdraw thelr respective cempensation arnount dus to the 2 and 3° Party fram the government for the land acquisition of their respective land by the Government of Kerala for widening of the N.#.

The 2nd party agrees to do all the needful in accordance WIth jaw to withdraw/quash the Criminal case instituted

"othe oi" Barty in Crime No. 8255/2011 of

oe es id "s "fi

Rarunaganpally Police station for alleged offences under Sections 406, 420,403 and 468 of Indian Penal Cade. The i® Barty further agrees that she and the other legal heirs of fate Mr. Shaft Musalyar wil do all the needful to withdraw the Criminal Revision Petition No

Mec by late Mr, Shafi Musaihyar before the Honorable High Court of Kerala against the endParty and others

Ye dhs See AS er >

BS we

4,7he parties hereby agree fo abide by the terms and conditions herein abave mentioned and agrees to withdraw all the cases both chal and criminal instituted aga} mst each other by the respective parties, and the parties further agree that they wil net institute any proceedings mnchuding any civil or criminal cases in any of the issues that had besn resolved and settied between the parties by this agreement. IN WITNESSES WHEREOFPF the Parties hereto have Nereunte get their hands the day anc year first above written.

tAd

Dated this the 5" day of September, 202: Appellant Respondents

Zeenath iSirajudheen GW ~ :

foc i aaa Pat wh. SRR, od fs yas s ~ Re eeenees

2 Las

S.Sahya

4 Sabsena

~~ a ane :

§ Salecna cs

Counsel for the Appellant ere

~ Rods he

Ta AY SERN ES 5 os :

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